Developments spanning several jurisdictions at once: global enforcement, cross-border transfers and multinational compliance.
Stories that cannot be filed under one jurisdiction, including transfer rules and coordinated enforcement.
The banner that greets visitors to most American websites is not a creature of American statute. Neither the CCPA nor the Colorado Privacy Act requires one, and the California regulations mention banners chiefly to say when their design is unlawful. This sets out what each statute requires at the point of collection, and when each genuinely calls for consent.
Read more →There is no general American law on algorithmic decisions. What exists is a set of narrow regimes reaching them from different directions: California ADMT rules attaching to decisions in named life domains, profiling opt-outs in the state comprehensive statutes, employment statutes imposing audits and notice, and an FTC remedy that reaches the model itself.
Read more →A universal opt-out signal moves the choice from the website to the browser: one setting, broadcast to every site, instead of a banner per visit. Several state statutes now require controllers to honour one. This guide sets out what those statutes and the California regulations say, the conditions on the mechanism, and what two enforcement actions establish about broken opt-out plumbing.
Read more →Deceptive design has been criticised far longer than it has been regulated, and the two are easy to confuse. This guide separates them: what dark pattern means as a defined legal term, what the FTC can reach under section 5 after the Eighth Circuit vacated its click-to-cancel rule, which statute survived that ruling, and where the most concrete design standards in American law sit.
Read more →There is no national facial recognition statute, and the law that exists does not divide by state so much as by who is operating the system. Government deployment has produced warrant requirements, accountability reports and mandatory human review. Private deployment has produced one outright municipal ban and a federal enforcement order. This guide sorts the rules along that line.
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